Obtaining
Immigration Legal Assistance
U.S.immigration laws can be complicated, especially with
recent changes to existing legislation. Often, people wishing to work and live
in the United States or to become naturalized citizens find the legal process a
challenge and seek expert assistance. Those applying for immigration or naturalization have the option of being represented
by an attorney or other accredited professionals from a recognized organization
when filing applications or petitions with the USCIS. However, potential
immigrants and citizens need to use caution and good judgment so that they do
not become victims of fraud. If you decide you’d like to have a lawyer or
accredited representative assist you with your USCIS application or petition,
this professional must file Form G-28: Notice of Entry of Appearance as
Attorney or Representative along with your other documents. Only you or your
attorney (or accredited representative) may receive information about your case
from the USCIS.
If you cannot
afford legal assistance, you may qualify for free or reduced-cost services
provided to potential immigrants. Attorneys, immigration lawyers’ associations,
state bar associations, and other organizations offer legal assistance to those
who need help with immigration issues. If you decide to hire an attorney, he or
she should be a member in good standing of a bar association for a U.S. state,
possession, territory, or commonwealth or the District of Columbia. The USCIS
Web site at www.uscis.gov/legaladvice also provides legal advice. Here, you can
find helpful tips for protecting yourself from immigration fraud. Among other
precautions, the USCIS recommends that you do the following:
1. Ask for copies of all forms and other documents prepared or
submitted on your behalf.
2. Make sure that any professional hired to represent you is
legitimate. Ask your attorney for his or her current licensing document and
admission number, and contact your State Bar Association to verify this
information. Accredited representatives should be members of a recognized organization.
Ask to see a copy of the Board of Immigration Appeals (BIA) official
recognition of both the accredited representative and the recognized
organization.
3. Report any unlawful actions by an attorney or accredited
representative to the USCIS, your State Bar Association, or a State Office of
Attorney General. In addition, the USCIS suggests that you take the following
precautions to avoid becoming a victim:
4. Do not pay for expensive services offered by non-attorneys.
5. Do not sign any forms or documents containing incorrect
information.
6. Do not sign blank forms, petitions, or other documents.
7. Do not pay service fees without obtaining a receipt.
8.
Do not sign any paperwork that you do not clearly understand.
Accredited Legal Representatives
Accredited representatives must work for a
Recognized Organization in order to be eligible to represent you before USCIS
and file a Form G-28. They may be authorized to practice before the Immigration
Courts, the Board of Immigration Appeals (BIA) and/or USCIS. The best way to protect yourself is to ask
to see a copy of the BIA decision granting official recognition to the
Accredited Representative and Recognized Organization. Recognized
organizations may only charge nominal fees, if any, for providing services in
immigration matters. An accredited representative of a recognized organization
should honor your request. You may also check the Recognition Accreditation
Roster maintained by the Executive Office of Immigration Review (EOIR.)
While other individuals (notary publics and
immigration consultants) may assist you by filling in the blanks on pre-printed
USCIS forms with information provided by you, these individuals may NOT
represent you before USCIS. In addition, notary publics and immigration consultants
may only charge nominal fees as regulated by state law. Individuals helping you
in this way are required by law to disclose to USCIS their assistance by
completing the section at the bottom of a petition or application concerning
the “Preparer” of the form.
Finding
Low cost or Free Legal Assistance
When help is needed
on an immigration issue, it is important that immigrants can turn to a
trustworthy and legitimate source of legal assistance. If you are unable to pay for a lawyer, there are some low
cost or free assistance options available.
The links below
provide resources to help locate low cost or free legal assistance.
1. List of organizations
recognized by the Board of Immigration Appeals (BIA) to provide legal services to immigrants.
2. List of individuals
recognized by the Board of Immigration Appeals (BIA) to provide legal services to immigrants.
3. List of recognized free legal service providers for people in immigration proceedings.
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